I looked at the non-commercial licensing that magnatune.com offers and found an interesting bit in there. First of all, they use CC-BY-NC-SA-1.0 which has already that "any technological measures that control access" clause which alone makes all the CC licenses too unpleasant to really consider for inclusion in Debian. But for the discussion's sake, let's disregard that and the other lawyerbombs in there for the moment and focus on the NC part. Here's what the license says about NC: You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works. However, if you try to download the music and choose Non-Commercial license on magnatune's download page they state (at https://magnatune.com/artists/license/student): Common examples of uses we consider non-commercial are: ... GNU/Berkeley/OSI licensed games or software that are given away for free (or included incidentally inside a larger distribution, even in a pay-distribution) Would this suffice to override what the license says about NC use? If so, it would seem that this would satisfy DFSG1. I'm still unsure whether it would run afoul of DFSG6 or DFSG9. If you were to take the music out of the game and distribute it alone, the NC part would certainly kick in. Also, it places a restriction on that that it is included with a open source game, but it doesn't care beyond that about what software it is included with.
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